FORMER TEXAS ASSISTANT DISTRICT ATTORNEY. Among Other Accolades, Ward Maedgen Has Been Named In D Magazine’s – The Best Lawyers In Dallas multiple years.
Lawyer – Traffic collision, Nearby – Trophy Club
Why an experienced auto accident attorney is important
Our legal team will examine every aspect of the incident to determine the strongest possible claim. That attention and commitment are your greatest hope for compensation, whether in a settlement or a jury award. A lawyer for vehicle accident victims can help determine if you are eligible to receive compensation under no-fault coverage. These can range from financial recompense of any losses or hurts you have sustained, missed wage, and skyrocketing expense. Call our Dallas-based law office immediately to discuss your options and receive a complimentary initial case consultation. Ward Maedgen Accident Attorneys is dedicated to making sure that your case goes as well as possible.
The claims adjusters or managers of insurance companies use tactics and methods in order to limit the payouts, or even deny it entirely. If a case goes to trial, then the legal department of the insurance carrier is called in. These professional teams have one goal: to lower the insurance carrier’s annual costs. They do a great job.
This means, that regardless of how the outcome turns out, once you start talking to the other driver’s insurer, you will know you are working with people whose sole purpose is to reduce or keep claims to a minimum. This is usually a bad idea.
Sometimes clients learn this the hard way. We have seen people come to us after giving a recorded statement and trying to work directly with the insurance company. Normally they make huge mistakes that play to the advantage of the company and hurt or destroy their chances of a favorable claim. It’s often too late by this point to assist.
It’s critical that our potential clients don’t communicate with insurance companies. Because they are seeking information that is potentially harmful to the client but advantageous to the defendant and insurance company, this is why. This is particularly true in the light of contributory neglect. It is possible to have misunderstandings when you speak with insurance companies. They aren’t looking out for you; instead, they are playing a game where they’re trying to get out of paying you what your claim is worth.
Common Case Types
Rear-end Collisions
The Texas Department of Transportation doesn’t collect data about the percentage of rear-end collisions in traffic accidents. However, they know that this number is around 28% to 29% nationally. This kind of accident is likely the most common nationally and, based on our experience, Texas is no exception.
Texas is a “modified relative fault state” meaning that rear-end crashes do not just point the finger at the driver. It is important to consider the potential contributing factors. Are your brake lights on? Did you bring traffic to a halt? Was your use of turn signals evident? In these cases, there must be a finding that the defendant was behind you. Because your testimony can be refuted, there must be other evidence to prove the defendant followed too closely.
Rear-end accidents can happen for many reasons. It can sometimes be caused by circumstances or circumstances that are not known. An object on the road might have caused the defendant suddenly to stop and cause his/her car to crash into your vehicle. In some cases, the defendant may have been following you too closely, and ran up on your bumper before hitting you.
In court, the questions will come from both sides of the aisle. For example, what can be said about weather conditions? They contributed to the collision? What about speeding? The question of whether your tail light worked could be up for debate. Then there is the issue of contributory negligence. Some might argue that you contributed to the collision if you didn’t stop for traffic ahead.
Rear-ending is not an automatic win for a claimant, as you can see. It is a great idea to consult an experienced attorney who specializes in auto accident cases.
Head-on Collisions
Although they are statistically safer than rear-end collisions, head-on crashes are more common than rear-end ones. In 2020 the Texas Department of Transportation reported 538 deaths from head-on collision accidents. These accidents constituted almost 14% of the traffic fatalities for the year in Texas.
Distracted Driving Accidents
Distractions from personal devices are not limited to texting. While Texas has outlawed texting while driving since 2017, it is still permissible to use a handheld device for other things such as using GPS or playing music. The fact that someone was distracted driving at the time of an accident does not excuse them. But the law does say that a person can be charged with a Class A misdemeanor including jail time up to a year and as much as a $4,000 fine.
Additionally to state laws and ordinances, cities in Dallas/Fort Worth have their own ordinances. Some are more restrictive than others.
Regardless the laws, in 2020 368 traffic accident fatalities were attributed to distracted driving. There were many more who could have been involved in non-fatal crashes or contributed to them.
Run-off-road collision
Texas had 1,354 single car accident-related deaths in 2020. These are called “ROR”, or Run-Off Road Crash by the NHTSA.
ROR accidents involve just one person in an accident. These factors include alcohol use, poor driving conditions, distraction driving, poor visibility and other road conditions that can cause the driver to lose control. These cases are not usually handled by personal injury attorneys because they involve only one party.
ROR crashes can be caused by an accident involving another driver. You will have to take evasive steps to avoid collisions. In Texas during 2020, 51% of the fatal accidents occurred in what were called “rural” areas. These areas commonly have two lane highways with opposing traffic and the potential for drivers to drift into an oncoming lane. A driver might also be trying to pass in an unsafe manner.
You will need to prove that another driver ran you off the road, such as someone who was under the influence of drugs or alcohol, or someone who fell asleep while driving. An insurance company that reviews a claim involving a car that didn’t come into contact with another will scrutinize how and why if you claim the accident was caused by someone else. Witnesses who witnessed the accident may be able give evidence if the driver fled. Additionally, more drivers are installing dash cams to their cars.
You should consult an experienced personal injury attorney if your Run-off road accident was caused by negligence.
Side Impact Collision and Intersection Collision
Side impact and intersection collisions are major contributors to serious injury and death in Texas, just like head-on collision cases. In 2020, there were 865 fatalities that could be attributed to intersection accidents or related to intersections accidents.
Side-impact collisions can result in serious injury. There is less impact protection on the side than there is on the front. These injuries are reduced by modern car side impact airbags and curtains. However, the Texas fatality statistics above show that this type of accident can still be deadly.
Due to Texas’s modified contributory negligent laws, even a broad-side collision can’t always be considered a straight case. It is possible that, even if the driver was negligent in an accident, their negligence might not be enough to get their car insurance paid out. As mentioned previously, having experience and competence on your side in the form of a Texas accident attorney is critical.
Common Mistakes in a Traffic Collision
Many times, the parties involved in an accident will not take photos of the scene or have police present. This is a mistake, as it stops photographic evidence from being as reliable as possible and prevents police from being present on the scene to observe the vehicles.
People make another common error when they contact their at-fault insurance company and give a recorded statement. Many people mistakenly think they are being cooperative. They are not being looked after by the insurance company. They’re looking for information that will assist them and their insured. The insured does not have to speak with insurance companies.
People sometimes make the wrong decision to not seek immediate treatment. They believe they can handle the situation. They don’t have documentation from a professional to support their claims. As time passes, there is a delay in getting treatment. If you do not seek immediate medical attention or wait too long, your insurance company could claim that you were not injured. An insurance company can also use a delay in treatment as a defense.
It is common for people to make mistakes by talking to the at fault insurance company, recording statements, trying to resolve their claims themselves, accepting an early settlement before they know the outcome, or not getting treatment immediately.
Stopping Insurance Companies
Insurance companies may falsely accuse the victim of causing a collision to lower their payouts. You might find yourself victim-blaming after the police report is wrong. It is possible that you will find yourself in a “he told, she said” dispute with the negligent driver. A professional can help you gather the evidence necessary to win your case.
We carefully examine the circumstances surrounding clients’ claims by reading police reports and gathering testimony.
Insurance for personal injury protection
Personal injury protection (PIP), is a type coverage that is included in many personal auto policies. PIP is optional for some drivers.
This form of personal auto coverage is designed to pay for any medical bills incurred in an accident. This means that regardless of the outcome of the case involving the other driver’s liability, you can still get medical care for yourself and your passengers. PIP also covers lost wages.
That said, the minimum required policy limit for PIP in Texas is only $2,500 – not a whole lot. It’s possible that you would have selected a higher sum if you had a competent agent who explained the coverages to you. This will be useful to cover medical expenses for the short term while your case is developing.
A case involving an accident goes to court
A majority of insurance claim cases are settled before a lawsuit can be filed.
However, not all accidents involving vehicles can be solved. Perhaps the issues to be resolved are beyond both parties’ capabilities. Maybe the defendants and plaintiffs couldn’t agree on the amount of compensation to be paid because they couldn’t settle their differences.
In a trial witnesses and expert witness may be called. Responding officers from the law enforcement agency and others could also be called. The jury will decide the extent (or non-extent) of liability held by the defendant. A trial case is more expensive and takes longer than a settlement. However, a jury could award more damages to a plaintiff than any settlement. Sometimes, your attorney may be able even to argue for punitive damage. This is something you would not get in a settlement.
Depositions
After you file your lawsuit, the defense will request that you take a deposition. This is a formal conversation that you will have with the defense side. The court reporter and both attorneys from each side will also be present. Both sides will ask you questions to get more information about the accident, who was negligent, your injuries, damages, and other details. Our attorney will also interview any other drivers in order to learn their stories, gain insight into their testimony at the trial and get an idea of the defense strategy and finances of defendant.
Your attorney will accompany you and help you refrain from answering questions that could damage your case. You may be asked questions by your attorney that will shed light on your case. The process is not intimidating, but you don’t have the right to feel afraid. You won’t feel intimidated by the Texas deposition rules. Your accident lawyer will also ensure this.
Texas Motor Vehicle Trial Cases – Expert Witnesses
An expert witness is a person who can testify before a jury in a court case. Witnesses can use their expertise to help the jurors reach a decision based on the information available.
Most often, experts in motor vehicle accidents are medical professionals. These doctors and other medical experts can offer an opinion about the probability of recovery, treatment needed, or prognosis of an injured party.
Expert witnesses can contribute to a stronger case for a claimant, but this is not so every time. Expert witnesses are not always called, and they typically only assist in cases where required by the court. An experienced motor vehicle company will be able to tap into its resources to find the right expert witness when this happens.
How long does a court case take for an auto accident?
How long it takes to get through a trial isn’t the only factor. There are many things you need to do before you step into the courtroom. The lawsuit will need to be served on defendant. After that, each party must exchange evidence and depose witnesses. The entire process can take anywhere from a few months to one year depending on how complex and involved the case.
As you’ve seen from this overview of the ins and outs of motor vehicle accident cases in Texas, going it alone is never recommended. To learn more about your legal options, call us for a free consultation. Ward Maedgen Accident Attorneys have helped many people recover after accidents for many years.
76262
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Independence Title – Schultz & Kellar – Roanoke
Address: 310 S Oak St Ste 200, Roanoke, TX 76262, USA
Main Phone: (682) 237-2275
Visit the Independence Title – Schultz & Kellar – Roanoke Website
View Independence Title – Schultz & Kellar – Roanoke on Google
Latitude: 32.9962539
Longitude: -97.2303161
Did you know that Independence Title – Schultz & Kellar – Roanoke rates 4.4/5 based on 10 total ratings?
Reviews for Independence Title – Schultz & Kellar – Roanoke
b “bs25942” a
5/5
4 months ago
Stephanie and Kayla were very responsive to me, my agent, and my mortgage broker. They were never the bottleneck and I was able to close almost a week early. Moving the closing date up was no issue for them.
A mobile notary isn’t included in the settlement charge so I had to show up to sign, but was out in 20 minutes. I don’t like paper copies so they emailed a scanned pdf of the closing docs a few minutes after leaving. Something as simple as this can be like pulling teeth from old school title companies. Can gladly say this location is modern and professional.
Would work with them again!
Jacqueline Heaney
5/5
3 years ago
First time working with Kristi. The process went very smoothly and they closed my clients on time. The location of the office is great, lots of shops around perfect for lunch. The male receptionist was very kind and helpful as soon as we arrived. He also took pictures of my clients. Oh and the decor is adorable throughout the office! Cutest office I’ve closed at so far!
Max Franks
5/5
a year ago
We had the sincere pleasure of working with Stephanie and her Team on a VA refinance loan recently. She and her Team took the absolute best care of our borrower and treated her like family. Thank you Stephanie and Independence Title for providing 5 Star Customer Care!! We here at Debt Does Deals, LLC, with Chris Griffith and #TeamMax really appreciate y’all!!
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The Messerli Law Firm
Address: 99 Trophy Club Dr, Trophy Club, TX 76262, USA
Main Phone: (972) 850-2033
Visit the The Messerli Law Firm Website
View The Messerli Law Firm on Google
Latitude: 32.9947833
Longitude: -97.1912401
Did you know that The Messerli Law Firm rates 5/5 based on 2 total ratings?
Reviews for The Messerli Law Firm
Amy Sadeghian
5/5
a month ago
The Messerli Law Firm has represented our company for several years and has done a great job. One quality that has been demonstrated several times is that Mr. Messerli has my company’s back
and is looking out for our best interest.
I would highly recommend him if you are searching for a honest, knowledgeable, and reputable attorney.
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​Jeff Brown Law
Address: 504 N Oak St #6, Roanoke, TX 76262, USA
Main Phone: (817) 770-0798
Visit the ​Jeff Brown Law Website
View ​Jeff Brown Law on Google
Latitude: 33.0026524
Longitude: -97.2268168
Did you know that ​Jeff Brown Law rates 5/5 based on 47 total ratings?
Reviews for ​Jeff Brown Law
Don Swisher
5/5
a month ago
I hired Jeff to take care of a ticket and he was able to get the ticket dismissed. Jeff was professional, quick, and responded to my questions. He even took care of things up front so I could focus on working and taking care of other business. I would recommend him to anyone and will recommend him to all my friends.”
Clark Harp
5/5
4 weeks ago
I hired Jeff to deal with a traffic ticket I got out of Fort Worth. COVID delayed things a lot, but Jeff didn’t forget about me. He worked hard and stayed on the court and made sure I got a deal to keep my ticket off my record and eventually get it dismissed. Jeff even went out of his way to make sure that the ticket got taken care of after working out the deal. I appreciate his efforts and will recommend him to all my friends and family.
Luis Dominguez
5/5
4 months ago
Would really reccomend. Very professional, friendly, understanding and informative. It was and is a pleasure to work with. I thought the his prices are very reasonable and at no point did I feel taken advantage of. Would definitely be my go to lawyer in case I get another ticket in the future.
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Photo Courtesy of: The Law Offices of Eric G. Ransleben
The Law Offices of Eric G. Ransleben
Address: 301 N Pine St, Roanoke, TX 76262, USA
Main Phone: (817) 491-8687
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Latitude: 33.0003596
Longitude: -97.2271018
Did you know that The Law Offices of Eric G. Ransleben rates 4.5/5 based on 2 total ratings?
Reviews for The Law Offices of Eric G. Ransleben
David Pelletier
5/5
5 years ago
He was very knowledgable and truly cares for his clients. He made sure my son received, through his 504 meeting, what would help him succeed not just through school but help him gain confidence in himself and build character. He facilitated a very emotional time for me and dealt with unwilling and difficult administrators with ease and took charge of a seemingly impossible task for me. He changed mine and my sons outcome in his school and earned me some respect. His assistant Tara is compassionate and very polite, always made me feel like i was not just another client but a person going through emotional turmoil due to my sons predicament. I will be calling Eric again for any education issues for my son.
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Photo Courtesy of: The Peebles Law Firm: C.D. Peebles
The Peebles Law Firm: C.D. Peebles
Address: 1604 Devon Ct, Southlake, TX 76092, USA
Main Phone: (817) 251-1040
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Latitude: 32.960511
Longitude: -97.166105